Legal Question in Civil Litigation in New York

Inlaws speak little english & statue of limitations

My inlaws did masonery work for a client in Rockland County in 9/2002. There is no written contract. My inlaws were paid the agreed fee of $900.00 in 10/2002. The client complained and the work was redone in 2/2003. In 5/2004 the client took my inlaws to small claims court and recieved a judgement in abstentia; inlaws did not respond because they did not understand the letter, they speak vey little english. In 11/2004 judge allowed the case to be heard again. Inlaws chose to go with an arbitrator, and while with the arbitrator, told him they did not understand his questions, nor was he understanding their response. They requested a translator, but he told them it was not necessary. They were found guilty, but in his reasoning he indicated information as factual which was not due to language barrier. This case was not recorded.

Has the Statue of Limitations expired since they were paid in '02 and taken to court in '04. Should they have been allowed to bring a translator. Should the hearing have been typed/recorded.


Asked on 2/25/05, 6:40 pm

1 Answer from Attorneys
Mark S. Moroknek Kelly & Curtis, PLLC.

Re: Inlaws speak little english & statue of limitations

Contract Statute of Limitations is six years, warranty is 4 years. Yes they should have been allowed an interpreter but they could have waived that right.

This sounds like a civil, not criminal case, so they could not have been found "guilty"

Arbitrations are usually not recorded by a court reporter. Sometmes they are taped.

They still have time to bring a claim to recover

for unjust enrichment, since the statute of limitations on the original work is open; but first they would need to either file a new case or reopen the old one.

If they just received the decision from 11/04 there may be time to appeal it, but they need an attorney to do this correctly.

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Answered on 3/01/05, 10:11 am


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